alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
§ 408.943 What happens after we make our determination on your request for review or your request for waiver? ( a ) If we make a determination that all or part of the overpayment is past due and legally enforceable and/or your waiver request cannot be granted, we will refer the overpayment to the Department of the Treasury for recovery from any Federal income tax refund due you. We will not suspend our referral of the overpayment to the Department of the Treasury under § 408.945 of this subpart pending any further administrative review of the waiver determination that you may seek.
( b ) We will not refer the overpayment to the Department of the Treasury if we reverse our prior finding that the overpayment is past due and legally enforceable or, upon consideration of a waiver request, we determine that waiver of recovery of the overpayment is appropriate.
(No. 6796

#### Hale-Prietsch Services, Inc., Claimant, *vs.*State of Illinois, Illinois Bureau of Investigation, Respondent.

*Opinion filed September 5, 1972.*

Hale-Prietsch Services, Inc., Claimant, pro se.

William J. Scott, Attorney General; Saul R. Wexler, Assistant Attorney General, for Respondent.

Perlin, C.J.
#### § 404.1929 Overpayments.

An agreement may not authorize the adjustment of title II benefits to recover an overpayment made under the social security system of a foreign country (see § 404.501). Where an overpayment is made under the U.S. system, the provisions in subpart F of this part will apply.
§ 418.3205 What makes an application a claim for a subsidy? We will consider your application a claim for the subsidy if: ( a ) You, or someone acting on your behalf as described in § 418.3215, complete an application on a form prescribed by us;
( b ) You, or someone acting on your behalf as described in § 418.3215, file the application with us pursuant to § 418.3220; and
( c ) You are alive on the first day of the month in which the application is filed.
Exhibit 32.2

CERTIFICATION OF CHIEF FINANCIAL OFFICER

Pursuant to 18 U.S.C. Section 1350, as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, the undersigned officer of BakBone Software, Inc. (the Company) hereby certifies, to such officers knowledge, that:

(a) the accompanying quarterly report on Form 10-Q of the Company for the quarterly period ended September 30, 2008 (the Report) fully
complies with the requirements of Section 13(a) or Section 15(d), as applicable, of the Securities Exchange Act of 1934, as amended; and

(b) the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.

Dated: February 2, 2009



/s/ STEVEN R. MARTINSteven R. MartinSenior Vice President and Chief Financial Officer (Principal Financial Officer)
# C_2012038EN.01000401.xml

| 11.2.2012 | EN | Official Journal of the European Union | C 38/4 |
| --- | --- | --- | --- |

11.2.2012

EN

Official Journal of the European Union

C 38/4

---

Communication from the Commission concerning the quantity not applied for to be added to the quantity fixed for the subperiod 1 April to 30 June 2012 under certain quotas opened by the Union for pigmeat products

2012/C 38/05

Commission Regulation (EC) No 442/2009 (1) opened tariff quotas for imports of pigmeat products. The import licence applications lodged during the first seven days of December 2011 for the subperiod 1 January to 31 March 2012 do not, for quotas 09.4038, 09.4170 and 09.4204, cover the quantities available. Pursuant to the second sentence of Article 7(4) of Commission Regulation (EC) No 1301/2006 (2), the quantities that were not applied for are to be added to the quantity fixed for the following quota subperiod, from 1 April to 30 June 2012; they are set out in the Annex to this communication.

1

2

---

(1)  OJ L 129, 28.5.2009, p. 13.

1

(2)  OJ L 238, 1.9.2006, p. 13.

2

---

ANNEX

| Quota order number | Quantities not applied for, to be added to the quantity fixed for the subperiod 1 April 2012 to 30 June 2012
  (in kg) |
| --- | --- |
| 09.4038 | 25 136 150 |
| 09.4170 | 3 541 500 |
| 09.4204 | 3 468 000 |

Quota order number

Quantities not applied for, to be added to the quantity fixed for the subperiod 1 April 2012 to 30 June 2012

(in kg)

09.4038

25 136 150

09.4170

3 541 500

09.4204

3 468 000

---
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 96-6409
ROBERT J. ELLIS, Plaintiff - Appellant, versus SECRETARY OF PUBLIC SAFETY, Defendant - Appellee.

No. 96-6463
TERRY LEE BOBLETT, Plaintiff - Appellant, versus SECRETARY OF PUBLIC SAFETY, Defendant - Appellee.2 No. 96-6464
CORNELIUS STRONG, Plaintiff - Appellant, versusPARRIS GLENDENING, Governor; MARVIN N. ROBBINS, Director, Inmate Grievance Commission; WILLIAM SMITH, Warden of the Maryland House of Correction, Defendants - Appellees.

Appeals from the United States District Court for the District of Maryland, at Baltimore. J. Frederick Motz, Chief District Judge. (CA-96-268-JFM, CA-96-490-JFM, CA-95-3369-JFM) Submitted: August 22, 1996 Decided: September 3, 1996 Before HALL, MICHAEL, and WILLIAMS, Circuit Judges. Affirmed by unpublished per curiam opinion. Robert J. Ellis, Terry Lee Boblett, Cornelius Strong, Appellants Pro Se. John Joseph Curran, Attorney General, Richard Bruce Rosenblatt, Assistant Attorney General, Baltimore, Maryland, for Appellees. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).3 PER CURIAM:Appellants appeal from the district court's orders denying relief on their 42 U.S.C. § 1983 (1988) complaints. We have reviewed the record and the district court's opinions and find no reversible error. Accordingly, we affirm on the reasoning of the district court. Ellis v. Secretary of Public Safety , No. CA-96-268-JFM (D. Md. Feb. 29, 1996); Boblett v. Secretary of Public Safety, No. CA96-490-JFM (D. Md. Mar. 1, 1996); Strong v. Glendening , No. CA-95- 3369-JFM (D. Md. Feb. 29, 1996). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

AFFIRMED
### THE THIRTEENTH COURT OF APPEALS

13

- 23

- 00021

- CV
In the Estate of Brian Lee Doss, Deceased
On Appeal from the County Court of Matagorda County , Texas Trial Court Cause No. PR20

- 0020

JUDGMENT THE THIRTEENTH COURT OF APPEALS, having considered this cau se on appeal, concludes the judgment of the trial court should be affirmed in part and reversed in part, and the case should be remanded to the trial court. The Court orders the judgment of the trial court AFFIRMED IN PART and REVERSED IN PART, and the

cas e is REMANDED for further proceedings consistent with its opinion. Costs of the appeal are adjudged 50% against appellant and 50% against a ppell ee

. We further order this decision certified below for observance. June 27, 2024
§ 411.192 What choices do I have if I am unable to make timely progress toward self-supporting employment? ( a ) If you report to the PM that you are temporarily or otherwise unable to make timely progress toward self-supporting employment during a progress certification period, the PM will give you the choice of placing your ticket in inactive status or, if applicable, taking your ticket out of assignment with the EN or State VR agency acting as an EN. The choice of placing your ticket in inactive status applies whether your ticket is assigned or in VR cost reimbursement status (as described in § 411.166(j)).
( b ) You may place your ticket in inactive status at any time by submitting a written request to the PM asking that your ticket be placed in inactive status. Your ticket will be placed in inactive status beginning with the first day of the month following the month in which you make your request. You are not considered to be using a ticket during months in which your ticket is in inactive status. Therefore, you will be subject to continuing disability reviews during those months. The months in which your ticket is in inactive status do not count toward the time limitations for making timely progress toward self-supporting employment.
( c ) You may reactivate your ticket and return to in-use status if your ticket is still assigned to an EN or State VR agency acting as an EN. You may also reactivate your ticket and return to in-use status if you have a ticket which would otherwise be available for assignment, you were receiving services under an IPE from a State VR agency which chose the VR cost reimbursement option, and your VR case has not been closed by the State VR agency. You may reactivate your ticket by submitting a written request to the PM. Your ticket will be reactivated beginning with the first day of the month following the month in which the PM receives your request. The progress certification period will resume counting from the last month of in-use status, and the next progress review will be due when the progress certification period has been completed. Earnings from work, obtaining a high school diploma or GED certificate, or completion of post-secondary education credits in a two- or four-year degree or certification program or course requirements in a vocational or technical training program, as described in § 411.180, during the period your ticket is in inactive status may be counted toward meeting the requirements for the next progress review.
( d ) You may take your ticket out of assignment under § 411.145(a) at any time.
[73 FR 29343, May 20, 2008]
Exhibit 3.18
 BYLAWS
 OF
 BROADLANE NY, INC.
  ARTICLE I
STOCKHOLDERS
 Annual Meeting.
 Special Meetings; Notice.
 Notice of Meetings.




---



##### 



Quorum.
  Organization.
 Conduct of Business.
 Proxies and Voting.
  2




---



##### 



Stock List.
  Action Without Meeting.
   3




---



##### 



ARTICLE II
BOARD OF DIRECTORS
 Number, Election and Term of Directors.
 Newly Created Directorships and Vacancies.
 Regular Meetings.
 4




---



##### 



Special Meetings.
 Quorum.
 Participation in Meetings by Conference Telephone.
 Conduct of Business
 Powers.
     5




---



##### 



Compensation of Directors.
 ARTICLE III
COMMITTEES
 1. Committees of the Board of Directors.
 Conduct
of Business.
 6




---



##### 



ARTICLE IV
OFFICERS
 Generally.
 President.
 Vice President.
 Treasurer.
 Secretary and Assistant Secretary.
 7




---



##### 



Delegation of Authority.
 Removal.
 Action with Respect to Securities of Other Corporations.
 ARTICLE V
STOCK
 Certificates of Stock.
 Transfers of Stock.
 Record Date.
 8




---



##### 



Lost, Stolen or Destroyed Certificates.
 Regulations.
 ARTICLE VI
NOTICES
 Notices.
 Waivers.
 ARTICLE VII
MISCELLANEOUS
 Facsimile Signatures.
 9




---



##### 



Corporate Seal.
 Reliance upon Books, Reports and Records.
 Fiscal Year.
 Time Periods.
 ARTICLE VIII
INDEMNIFICATION OF DIRECTORS AND OFFICERS
 Right of Indemnification.
 10




---



##### 



Right to Advancement of Expenses.
 Right of Indemnitee to Bring Suit.
 11




---



##### 



Non-Exclusivity of Rights.
 Insurance.
 Indemnification of Employees and Agents of the Corporation.
 ARTICLE IX
AMENDMENTS
  12
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

DAY ELEV

 519.08

 518.62

 518.17

 518.14

 518.78

 520.58

 521.56

 522.77

 524.57

 526.62

 529.28

 531.28

 533.28

 535.90

 538.96

 542.08

 544.64

 547.07

 550.17

 552.54

 554.40

 556.46

 558.80

 561.39

 563.12

 564.43

 565.29

 566.22

 568.31

 570.40

 276.2

 274.7

 273.1

 273.0

 275.2

 281.4

 284.7

 289.0

 295.3

 302.6

 312.3

 319.7

 327.1

 337.1

 348.9

 361.2

 371.4

 381.3

 394.2

 404.1

 412.1

 420.9

 431.2

 442.7

 450.4

 456.4

 460.3

 464.6

 474.2

 484.0

STORAGE

-0.3

-1.6

-1.5

-0.1

+2.2

+6.2

+3.4

+4.2

+6.3

+7.3

+9.7

+7.4

+7.5

+9.9

+11.8

+12.3

+10.3

+9.9

+12.9

+10.0

+7.9

+8.9

+10.2

+11.5

+7.8

+5.9

+3.9

+4.3

+9.7

+9.8

CHANGE

7,105

6,502

6,012

6,163

7,174

8,975

7,266

7,949

9,252

9,744

10,867

10,003

10,695

12,197

13,517

14,202

13,471

13,762

15,699

14,829

14,830

15,838

16,516

16,423

14,245

13,277

12,079

11,439

13,335

13,076

INFLOW

 950

 1,057

 941

 744

 570

 410

 295

 287

 320

 467

 538

 514

 689

 775

 852

 884

 862

 908

 903

 889

 1,042

 1,158

 1,250

 1,235

 1,155

 1,152

 1,189

 1,191

 1,131

 1,051

MADERA

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

SPILL

 3,412

 3,347

 3,054

 2,790

 2,927

 2,969

 2,843

 2,801

 2,803

 2,634

 2,515

 2,842

 3,299

 3,451

 3,493

 3,558

 3,266

 2,974

 3,241

 3,686

 3,912

 4,095

 4,200

 4,166

 4,124

 4,071

 4,046

 4,052

 4,051

 4,043

FRIANT-KERN

 26

 29

 24

 13

 18

 27

 24

 31

 36

 40

 33

 31

 41

 46

 44

 54

 34

 62

 53

 52

 61

 76

 67

 55

 51

 44

 58

 64

 29

 46

C.F.S.

 .24

 .26

 .22

 .12

 .16

 .24

 .21

 .27

 .31

 .34

 .28

 .26

 .34

 .37

 .35

 .42

 .26

 .47

 .39

 .38

 .44

 .54

 .47

 .38

 .35

 .30

 .39

 .43

 .19

 .30

INCHES

 .00

 .00

 .00

 .28

 1.16

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .62

 .12

 .00

PRECIP

UNITED STATES DEPARTMENT OF THE INTERIOR

U.S. BUREAU OF RECLAMATION-CENTRAL VALLEY PROJECT-CALIFORNIA

JUNE 2011 MILLERTON LAKE DAILY OPERATIONS RUN DATE: July 1, 2011

IN LAKE

EVAPORATION

INCHES

C.F.S.

COMPUTED*

1000 ACRE-FEET

RELEASE - C.F.S. 

TOTALS +207.5 346,442 25,409 102,665 0 1,269 9.68 2.18

ACRE-FEET +207,474 687,168 50,399 203,636 0 2,517

COMMENTS:

* COMPUTED INFLOW IS THE SUM OF CHANGE IN STORAGE, RELEASES, PUMPING AND EVAPORATION.

SUMMARY

RELEASE (ACRE-FEET)

CANALS

FRIANT-KERN

MADERA

 203,636

 50,399 477,175

PRECIPITATION

THIS MONTH =

JULY 1, 2010 TO DATE = 26.33

 276.6

 223,140 2.18

CANALS

AT FRIANT

TOTAL RELEASES

OUTLET

 2,889

 2,858

 2,764

 2,667

 2,563

 2,460

 2,397

 2,705

 2,896

 2,911

 2,907

 2,901

 2,905

 2,919

 3,165

 3,514

 4,139

 4,831

 5,023

 5,177

 5,818

 6,028

 5,838

 5,173

 4,999

 5,015

 4,808

 3,981

 3,246

 3,001

RIVER

 112,498

 223,140

RIVER
#### § 24.32 Records.

The appropriate TTB officer may require the proprietor to maintain any record required by this part in a prescribed format or arrangement or otherwise change the method of recordkeeping in any case where the required information is not clearly or accurately reflected.

(Sec. 201, Pub. L. 85-859, 72 Stat. 1381, as amended, 1395, as amended (26 U.S.C. 5367, 5555))

(Approved by the Office of Management and Budget under control number 1512-0298)

[T.D. ATF-299, 55 FR 24989, June 19, 1990, as amended by T.D. ATF-409, 64 FR 13683, Mar. 22, 1999]
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

DAY HIGH

 96

 120

 99

 79

 80

 77

 78

 85

 107

 82

 79

 79

 81

 81

 95

 116

 83

 87

 83

 85

 94

 101

 84

 87

 81

 81

 86

 109

 84

 78

 78

 82

 76

 71

 71

 70

 69

 69

 79

 71

 70

 70

 71

 72

 72

 81

 72

 72

 75

 74

 75

 77

 77

 75

 76

 74

 70

 77

 67

 67

 85

 89

 86

 73

 74

 72

 72

 73

 84

 75

 72

 72

 74

 74

 76

 86

 75

 76

 77

 76

 81

 85

 79

 78

 77

 76

 77

 83

 75

 71

LOW MEAN

UNITED STATES DEPARTMENT OF THE INTERIOR

U.S. BUREAU OF RECLAMATION-CENTRAL VALLEY PROJECT-CALIFORNIA

JUNE 2013 WATER QUALITY REPORT RUN DATE: September 18, 2013

HIGH LOW MEAN

 74.3

 76.0

 75.6

 73.7

 72.6

 72.9

 74.4

 76.7

 75.5

 72.9

 70.4

 71.9

 71.8

 72.7

 73.6

 73.7

 74.1

 73.3

 72.7

 73.3

 74.1

 75.1

 72.8

 70.1

 72.1

 75.7

 78.6

 80.5

 80.0

 79.5

 69.1

 70.9

 71.7

 70.5

 68.8

 68.7

 70.1

 72.0

 72.7

 70.2

 67.2

 67.2

 67.0

 68.1

 68.9

 68.8

 69.4

 69.5

 67.9

 68.0

 68.4

 69.7

 70.3

 68.8

 67.7

 69.6

 72.8

 74.6

 75.7

 74.9

 71.6

 73.2

 73.4

 72.1

 70.8

 70.9

 72.2

 74.2

 74.1

 71.3

 69.1

 69.4

 69.4

 70.3

 70.9

 71.1

 71.5

 71.2

 70.2

 70.4

 71.1

 72.2

 71.3

 69.4

 69.5

 72.2

 75.5

 77.4

 77.9

 77.3

HIGH LOW MEAN

 8.0

 7.8

 7.7

 8.1

 8.3

 8.3

 8.2

 7.8

 7.9

 8.2

 8.5

 8.6

 8.5

 8.4

 8.3

 8.3

 8.2

 8.2

 8.4

 8.4

 8.3

 8.2

 8.2

 8.3

 8.5

 8.4

 7.9

 8.4

 8.4

 8.2

 7.3

 7.0

 7.0

 7.4

 7.7

 7.8

 7.6

 7.4

 7.3

 7.5

 7.9

 8.1

 8.0

 7.9

 7.8

 7.7

 7.7

 7.6

 7.8

 7.8

 7.8

 7.7

 7.5

 7.8

 8.0

 7.6

 7.2

 6.9

 7.4

 7.5

 7.7

 7.4

 7.4

 7.7

 8.0

 8.0

 7.9

 7.5

 7.5

 7.8

 8.2

 8.3

 8.2

 8.1

 8.0

 8.0

 7.9

 7.9

 8.0

 8.0

 8.0

 7.9

 7.8

 8.0

 8.2

 8.0

 7.5

 7.7

 7.9

 7.9

Comments:

0 reading indicates that the station was out of service.

RIPON ON THE STANISLAUS RIVER

 ELECTRICAL CONDUCTIVITY, UMHOS WATER TEMPERATURE, DEG DISSOLVED OXYZEN, PPM
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

DAY HIGH

 709

 653

 646

 598

 462

 447

 455

 486

 477

 561

 628

 563

 568

 492

 566

 571

 491

 388

 384

 425

 416

 430

 479

 730

 423

 333

 382

 390

 372

 273

 321

 213

 176

 187

 176

 173

 186

 179

 169

 163

 164

 153

 169

 158

 177

 191

 158

 163

 142

 142

 163

 148

 154

 149

 144

 153

 163

 140

 132

 137

 146

 147

 380

 341

 355

 328

 301

 314

 314

 305

 296

 306

 317

 315

 308

 322

 340

 339

 310

 272

 259

 266

 269

 265

 272

 313

 278

 239

 227

 220

 213

 213

 202

LOW MEAN

UNITED STATES DEPARTMENT OF THE INTERIOR

U.S. BUREAU OF RECLAMATION-CENTRAL VALLEY PROJECT-CALIFORNIA

OCTOBER 2010 WATER QUALITY REPORT RUN DATE: November 16, 2010

ELECTRICAL CONDUCTIVITY, UMHOS 

Comments:

0 reading indicates that the station was out of service.

SAN ANDREAS ON THE SAN JOAQUIN RIVER
### §284. Acceptance of membership by United States in International Development Association

The President is hereby authorized to accept membership for the United States in the International Development Association (hereinafter referred to as the "Association"), provided for by the Articles of Agreement (hereinafter referred to as the "Articles") of the Association deposited in the archives of the International Bank for Reconstruction and Development.

(Pub. L. 86–565, §2, June 30, 1960, 74 Stat. 293.)

#### **Statutory Notes and Related Subsidiaries**

#### Short Title

Pub. L. 86–565, §1, June 30, 1960, 74 Stat. 293, provided that: "This Act [enacting this subchapter] may be cited as the 'International Development Association Act'."

#### Par Value Modification

For Congressional direction that the Secretary of the Treasury maintain the value in terms of gold of the International Development Association's holdings of United States dollars following the establishment of a par value of the dollar at $38 for a fine troy ounce of gold pursuant to the Par Value Modification Act and for the authorization of the appropriations necessary to provide such maintenance of value, see section 5152 of Title 31, Money and Finance.
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

DAY HIGH

 4,010

 5,366

 5,945

 9,667

 11,967

 13,040

 13,295

 13,932

 14,234

 13,757

 15,944

 14,838

 13,614

 10,451

 10,620

 9,836

 8,744

 11,505

 12,623

 13,846

 15,505

 13,196

 12,898

 13,376

 12,187

 12,870

 11,350

 10,393

 9,947

 10,997

 10,857

 749

 703

 1,060

 1,763

 2,561

 3,019

 3,207

 3,978

 3,928

 3,359

 3,669

 4,356

 4,005

 3,634

 3,128

 3,081

 3,245

 2,926

 3,704

 3,266

 3,955

 3,545

 3,632

 3,362

 3,091

 3,374

 2,999

 3,724

 3,085

 3,044

 2,863

 1,889

 2,556

 2,841

 4,589

 6,006

 7,127

 7,611

 8,049

 8,357

 8,272

 8,890

 9,373

 8,662

 6,939

 6,799

 6,864

 5,979

 6,835

 6,896

 7,767

 8,676

 7,706

 7,477

 7,342

 7,004

 7,595

 6,860

 6,876

 6,646

 7,185

 6,750

LOW MEAN

UNITED STATES DEPARTMENT OF THE INTERIOR

U.S. BUREAU OF RECLAMATION-CENTRAL VALLEY PROJECT-CALIFORNIA

DECEMBER 2011 WATER QUALITY REPORT RUN DATE: February 2, 2012

ELECTRICAL CONDUCTIVITY, UMHOS 

Comments:

0 reading indicates that the station was out of service.

PITTSBURG BOTTOM ON THE SACRAMENTO RIVER
§ 498.221 Appeal to DAB. ( a ) Any party may appeal the decision of the ALJ to the DAB by filing a notice of appeal with the DAB within 30 days of the date of service of the initial decision. The DAB may extend the initial 30-day period for a period of time not to exceed 30 days if a party files with the DAB a request for an extension within the initial 30-day period and shows good cause.
( b ) If a party files a timely notice of appeal with the DAB, the ALJ will forward the record of the proceeding to the DAB.
( c ) A notice of appeal will be accompanied by a written brief specifying exceptions to the initial decision and reasons supporting the exceptions, and identifying which finding of fact and conclusions of law the party is taking exception to. Any party may file a brief in opposition to exceptions, which may raise any relevant issue not addressed in the exceptions, within 30 days of receiving the notice of appeal and accompanying brief. The DAB may permit the parties to file reply briefs.
( d ) There is no right to appear personally before the DAB, or to appeal to the DAB any interlocutory ruling by the ALJ.
( e ) No party or person (except employees of the DAB) will communicate in any way with members of the DAB on any matter at issue in a case, unless on notice and opportunity for all parties to participate. This provision does not prohibit a person or party from inquiring about the status of a case or asking routine questions concerning administrative functions or procedures.
( f ) The DAB will not consider any issue not raised in the parties' briefs, nor any issue in the briefs that could have been, but was not, raised before the ALJ.
( g ) If any party demonstrates to the satisfaction of the DAB that additional evidence not presented at such hearing is relevant and material and that there were reasonable grounds for the failure to adduce such evidence at such hearing, the DAB may remand the matter to the ALJ for consideration of such additional evidence.
( h ) The DAB may remand a case to an ALJ for further proceedings, or may issue a recommended decision to decline review or affirm, increase, reduce, or reverse any penalty or assessment determined by the ALJ.
( i ) When the DAB reviews a case, it will limit its review to whether the ALJ's initial decision is supported by substantial evidence on the whole record or contained error of law.
( j ) Within 60 days after the time for submission of briefs or, if permitted, reply briefs has expired, the DAB will issue to each party to the appeal and to the Commissioner a copy of the DAB's recommended decision and a statement describing the right of any respondent who is found liable to seek judicial review upon a final decision.
[61 FR 65472, Dec. 13, 1996]
Editorial Note on Part 416
Editorial Note: Nomenclature changes to part 416 appear at 68 FR 53509, Sept. 11, 2003.

§ 416.1595 When the Appeals Council will dismiss a request for review. The Appeals Council may dismiss a request for the review of any proceeding to suspend or disqualify a representative in any of the following circumstances: ( a ) *Upon request of party.* The Appeals Council may dismiss a request for review upon written request of the party or parties who filed the request, if there is no other party who objects to the dismissal.
( b ) *Death of party.* The Appeals Council may dismiss a request for review in the event of the death of the representative.
( c ) *Request for review not timely filed.* The Appeals Council will dismiss a request for review if a party failed to file a request for review within the 14 business day time period set forth in § 404.1775(b) and the Appeals Council does not extend the time for good cause.
[45 FR 52106, Aug. 5, 1980, as amended at 84 FR 51367, Sept. 30, 2019]